DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/1795)

HATCHMAN CONSTRUCTION SERVICES PTY LTD AND CEPU PLUMBING DIVISION UNION COLLECTIVE AGREEMENT 2011-2015

Plumbing industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 25 FEBRUARY 2015

Application for approval of the Hatchman Construction Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 -2015.

[1] An application has been made for approval of an enterprise agreement known as the Hatchman Construction Services Pty Ltd and CEPU Plumbing Division Union Collective Agreement 2011 -2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 4 March 2015. The nominal expiry date of the Agreement is 31 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Hatchman Construction Services Pty Ltd. The union sought approval of a collective agreement between the parties, which had been negotiated for the period 2011 to 2015. The application was made to the Fair Work Commission, which was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issue for the court was whether the collective agreement complied with the relevant provisions of the Act, including the requirement that it not have the purpose or effect of undermining the operation of a registered agreement or of promoting industrial action. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was consistent with the provisions of the Act relating to protected industrial action. Further, the court needed to examine whether the agreement adequately provided for the resolution of any disputes that might arise during its operation.

In reaching its decision, the court examined the terms of the agreement in detail and considered the arguments of both parties. The court found that the agreement did not have the purpose or effect of undermining the operation of a registered agreement or of promoting industrial action. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, and was consistent with the provisions of the Act relating to protected industrial action. The court was satisfied that the agreement adequately provided for the resolution of any disputes that might arise during its operation. As a result, the court approved the agreement.

The court's approval of the collective agreement means that it will be registered and enforceable under the Fair Work Act. The agreement will provide a framework for the employment relationship between the union and Hatchman Construction Services Pty Ltd for the period 2011 to 2015, and will help to ensure a fair and productive workplace for all parties.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established